Norwalk sex assault trial goes to jury

By John Nickerson, Staff Writer

Published
10:13 pm EST, Friday, December 4, 2009

NORWALK -- A city man facing five years in jail and 10 years on the sex offender registry took the stand Friday to tell a Norwalk jury about the South Norwalk date in 2008, that left him with a charge of third-degree sex assault.

At the end of the five-day trial for the relatively minor charge, Sanjeeb Das, 33, of 9-11 Park St., said that he and a 29-year-old Ansonia woman consumed six drinks each at three bars and restaurants on the night of Sept. 11, 2008 before going back to his apartment.

The woman, who is not being identified by The Advocate, spent more than two days on the stand this week. She said after Das gave her a glass of water at the Black Bear Saloon she became disoriented and uncharacteristically wanted to dance at the club.

After going to his apartment the woman said she became violently sick and vomited.

When she was in bed with Das, the woman said he begged her for sex and groped her pubic area.

On the stand for more than four hours Friday, Das said the two had a good time dancing at the Black Bear. After walking her back to her car, the woman drove Das back to his apartment.

Das said the two went up to his apartment and began kissing; the woman got sick and ended up taking a shower. After getting out of the shower, she came into his bedroom and he asked her what she wanted to do, Das said.

He said the woman got into his bed and they began kissing and petting. The woman then rolled over and the two went to sleep.

Three days later the woman said she went to Griffin Hospital in Derby with a rash that she worried had been brought about by an allergic reaction to latex condoms. Seven days after the night together, the woman called police and eventually swore out a complaint.

Das is not accused of rape, and no evidence was presented at trial confirming that he had intercourse with the woman.

During testimony this week, forensic scientists said that a rape tests conducted at the hospital did not show any sign of sperm. Tests conducted on a plastic bag that contained the woman's clothes did not show any signs of a date rape drug or any other kind of drug, testimony showed.

During her cross-examination of Das, Senior Assistant State's Attorney Mary SanAngelo peppered him with rapid-fire questions in numerous attempts to fluster the calm, well spoken defendant in hopes of getting him to change his story, catch him in a lie or even open the door to bring up an earlier conviction.

SanAngelo this week was unable to bring Das' 2007 fourth-degree sexual assault conviction in Avon into the trial.

At one point SanAngelo, clearly badgering Das, was almost yelling at him as she accused him over and over of grabbing the woman's hand and putting it on his private area.

At one point, under intense pressure from SanAngelo, Das answered yes when loudly asked if he did this.

But Das still protested that "grab" was not the right word over SanAngelo's admonitions to answer only by saying "yes" or "no."

Before he took the stand, Das' attorney Tina D'Amato filed motions for acquittal and a mistrial.

D'Amato said that because the woman had complete control over whether he touched her, the accusations against Das did not rise to third-degree sexual assault.

Judge Maureen Dennis denied the motion, saying that sufficient evidence of an assault had been presented during the trial and should go to the jury.

D'Amato said in court that she filed the mistrial motion because of prosecutorial misconduct and judicial error.

"I have not been able to get evidence into this courtroom...I was not allowed to tell my story," she told Dennis.

But Dennis denied that motion also, saying that the majority of the prosecution's objections to her questions of witnesses were sustained because D'Amato failed to provide the proper foundation.

Dennis also said she saw no prosecutorial misconduct and had not observed any unusual or unprofessional conduct while the jury was present.

Dennis is scheduled to give the jury instructions on how to deliberate the case Monday morning.

Staff Writer John Nickerson can be reached at 203-964-2320 or john.nickerson@scni.com.